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Middle East Cement Shipping and Handling Co. v. Egypt

Type of decisionAward
Date of decision12 April 2002
Karl-Heinz Böckstiegel (President)
Don Wallace Jr.
Piero Bernardini
Legal instrumentBIT between Egypt and Greece (1993)
Further information

Statements from this decision

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Legitimate future expectations can be added to the market value of an investment if the claimant provides proof of concrete contracts and lost profits
The standards of fair and equitable treatment and full protection and security can influence the rules on expropriation
A fork in the road clause precludes admissibility only if the dispute brought to local courts concerns the same obligation as before the tribunal
A tribunal can only decide on disputes based on the IIT; it cannot assume the function of an appeal body regarding the application of local laws
The standing of a claimant is not questioned by the fact that its name is used with alterations in the documents
General remarks regarding the burden of proof
General remarks regarding the translation of documents
The claimant’s duty to mitigate damages is part of the general principles of law applicable under Article 42 ICSID Convention
Relationship between national and treaty law within Article 42 ICSID Convention
Principles applicable regarding Rule 34
A tribunal has discretion to decide whether an independent expert opinion is necessary or whether estimation by the tribunal is a better procedural method under the circumstances


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